[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Rules and Regulations]
[Pages 22822-22825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9844]



[[Page 22822]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R04-OAR-2010-0840(a); FRL-9298-9]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants: Florida; Jefferson County, KY; Forsyth, 
Mecklenburg, and Buncombe Counties, NC; and SC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is notifying the public that it has received negative 
declarations for Other Solid Waste Incinerator (OSWI) units from the 
State of Florida; Large Municipal Waste Combustor (LMWC), Small 
Municipal Waste Combustor (SMWC), and OSWI units from Jefferson County, 
Kentucky; LMWC, SMWC, and OSWI units from Forsyth County, North 
Carolina; LMWC, SMWC, and OSWI units from Mecklenburg County, North 
Carolina; LMWC, SMWC, Hospital/Medical/Infectious Waste Incinerator 
(HMIWI), and OSWI units from Buncombe County, North Carolina; and LMWC 
and HMIWI units from the State of South Carolina. These negative 
declarations certify that LMWC, SMWC, HMIWI, and OSWI units, as 
indicated above, subject to the requirements of Sections 111(d) and 129 
of the Clean Air Act (CAA), do not exist in areas covered by the 
following air pollution control programs: Florida Department of 
Environmental Protection; Louisville, Kentucky, Air Pollution Control 
District; Forsyth County Environmental Affairs Department; Mecklenburg 
County Land Use and Environmental Services Agency; Western North 
Carolina Regional Air Quality Agency; and South Carolina Department of 
Health and Environmental Control.

DATES: This direct final rule is effective June 24, 2011 without 
further notice, unless EPA receives adverse comment by May 25, 2011. If 
EPA receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2010-0840 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: <a href="/cdn-cgi/l/email-protection#47202635312235692326292e222b0722372669202831"><span class="__cf_email__" data-cfemail="d9beb8abafbcabf7bdb8b7b0bcb599bca9b8f7beb6af">[email protected]</span></a>.
    3. Fax: (404) 562-9095.
    4. Mail: EPA-R04 OAR-2010-0840, Daniel Garver, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303.
    5. Hand Delivery or Courier: Mr. Daniel Garver, Air Toxics 
Assessment and Implementation Section, Air Toxics and Monitoring 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during 
the Regional Office's normal hours of operation. The Regional Office's 
official hours of business are Monday through Friday, 8:30 a.m. to 4:30 
p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID Number EPA-R04-OAR-
2010-0840. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at the Air Toxics Assessment and Implementation Section, 
Air Toxics and Monitoring Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all 
possible, you contact the person listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 a.m. to 4:30 
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Daniel Garver, Air Toxics Assessment 
and Implementation Section, Air Toxics and Monitoring Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9839. Mr. Garver can also 
be reached via electronic mail at <a href="/cdn-cgi/l/email-protection#543335262231267a30353a3d3138143124357a333b22"><span class="__cf_email__" data-cfemail="0a6d6b787c6f78246e6b64636f664a6f7a6b246d657c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    Sections 111(d) and 129 of the CAA require submittal of plans to 
control certain pollutants (designated pollutants) at existing solid 
waste combustion facilities (designated facilities) whenever standards 
of performance have been established under section 111(d) for new 
sources of the same type, and EPA has established emission guidelines 
for such existing sources. A designated pollutant is any pollutant for 
which no air quality criteria have been issued, and which is not 
included on a list published under section 108(a) or section 
112(b)(1)(A) of the CAA, but emissions of which are subject to a 
standard of performance for new stationary sources.
    Standards of performance for new LMWC units and emission guidelines 
for all existing LMWC units (designated facilities) constructed on or 
before September 20, 1994, have been established by EPA. The emission

[[Page 22823]]

guidelines were promulgated on December 19, 1995 (60 FR 65415), and 
amended most recently on May 10, 2006 (71 FR 27324). The emission 
guidelines are codified at 40 CFR part 60, subpart Cb.
    Standards of performance for new SMWC units and emission guidelines 
for all existing SMWC units (designated facilities) constructed on or 
before August 30, 1999, have been established by EPA. The emission 
guidelines were promulgated on December 6, 2000 (65 FR 76384). The 
emission guidelines are codified at 40 CFR part 60, subpart BBBB.
    Standards of performance for new HMIWI units and emission 
guidelines for all existing HMIWI units (designated facilities) 
constructed on or before June 20, 1996, have been established by EPA. 
The emission guidelines were promulgated on September 15, 1997 (62 FR 
48348), and amended most recently on October 6, 2009 (74 FR 51366). The 
emission guidelines are codified at 40 CFR part 60, subpart Ce.
    Standards of performance for new OSWI units and emission guidelines 
for all existing OSWI units (designated facilities) constructed on or 
before December 9, 2004, have been established by EPA. The emission 
guidelines were promulgated on December 16, 2005 (70 FR 74870), and 
amended most recently on January 22, 2007 (72 FR 2620). The emission 
guidelines are codified at 40 CFR part 60, subpart FFFF.
    Federal regulations found in subpart B of 40 CFR part 60 establish 
procedures to be followed and requirements to be met in the development 
and submission of state plans for controlling designated pollutants at 
designated facilities. Federal regulations found in subpart A of 40 CFR 
part 62 provide the procedural framework for the submission of these 
plans. When designated facilities are located under the jurisdiction of 
a state, or local agency, the state or local agency must then develop 
and submit a plan for their respective jurisdiction for the control of 
the designated pollutants. However, the federal regulations found at 40 
CFR 62.06 provide that if there are no existing sources of the 
designated pollutants within the state or local agency jurisdiction, 
the state or local agency may submit a letter of certification to that 
effect, or negative declaration, in lieu of a plan. The negative 
declaration exempts the state or local agency from the requirements to 
submit a plan for that designated pollutant.

II. Final Action

    EPA has received several negative declaration letters for Sections 
111(d) and 129 source categories from state and local air pollution 
agencies. The Florida Department of Environmental Protection has 
determined that there are no existing OSWI units in its jurisdiction. 
The Louisville, Kentucky, Air Pollution Control District has determined 
that there are no existing LMWC, SMWC or OSWI units within its 
jurisdiction, Jefferson County, Kentucky. The South Carolina Department 
of Health and Environmental Control has determined that there are no 
existing LMWC or HMIWI units within its jurisdiction. The Forsyth 
County Environmental Affairs Department has determined that there are 
no existing LMWC, SMWC or OSWI units within its jurisdiction, Forsyth 
County, North Carolina. The Mecklenburg County Land Use and 
Environmental Services Agency has determined that there are no existing 
LMWC, SMWC or OSWI units within its jurisdiction, Mecklenburg County, 
North Carolina. The Western North Carolina Regional Air Quality Agency 
has determined that there are no existing LMWC, SMWC, HMIWI or OSWI 
units within its jurisdiction, Buncombe County, North Carolina. 
Pursuant to 40 CFR part 60, EPA is providing the public with notice of 
these negative declarations. Notice of these negative declarations will 
appear at 40 CFR part 62.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a 111(d)/
129 plan submission that complies with the provisions of the CAA and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing 111(d)/129 plan submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
    <bullet> Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
    <bullet> Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
111(d)/129 plan is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 24, 2011. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the

[[Page 22824]]

purposes of judicial review nor does it extend the time within which a 
petition for judicial review may be filed, and shall not postpone the 
effectiveness of such rule or action. Parties with objections to this 
direct final rule are encouraged to file a comment in response to the 
parallel notice of proposed rulemaking for this action published in the 
proposed rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: January 13, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
    40 CFR part 62 is amended as follows:

PART 62--[AMENDED]

0
1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart K--Florida

0
2. Add a new undesignated center heading to subpart K and a new Sec.  
62.2400 to read as follows:

Air Emissions From Existing Other Solid Waste Incinerators (OSWI)--
Section 111(d)/129 Plan


Sec.  62.2400  Identification of plan--negative declaration.

    Letter from Florida Department of Environmental Protection 
submitted on January 18, 2007, certifying that there are no Other Solid 
Waste Incinerator units subject to 40 CFR part 60, subpart FFFF in its 
jurisdiction.

Subpart S--Kentucky

0
3. Section 62.4370 is amended by designating the existing text as 
paragraph (a) and adding by paragraph (b) to read as follows:


Sec.  62.4370  Identification of plan--negative declaration.

* * * * *
    (b) Letter from Louisville, Kentucky, Air Pollution Control 
District submitted on February 11, 2010, certifying that there are no 
Large Municipal Waste Combustor units subject to 40 CFR part 60, 
subpart Cb in its jurisdiction.

0
4. Section 62.4371 is amended by designating the existing text as 
paragraph (a) and by adding paragraph (b) to read as follows:


Sec.  62.4371  Identification of plan--negative declaration.

* * * * *
    (b) Letter from Louisville, Kentucky, Air Pollution Control 
District submitted on February 11, 2010, certifying that there are no 
Small Municipal Waste Combustion units subject to 40 CFR part 60, 
subpart BBBB in its jurisdiction.

0
5. Add a new undesignated center heading to subpart S and a new Sec.  
62.4375 to read as follows:

Air Emissions From Existing Other Solid Waste Incinerators (OSWI)--
Section 111(d)/129 Plan


Sec.  62.4375  Identification of plan--negative declaration.

    Letter from Louisville, Kentucky, Air Pollution Control District 
submitted on February 11, 2010, certifying that there are no Other 
Solid Waste Incinerator units subject to 40 CFR part 60, subpart FFFF 
in its jurisdiction.

Subpart II--North Carolina

0
6. Section 62.8356 is amended by designating the existing text as 
paragraph (a) and by adding paragraph (b) to read as follows:


Sec.  62.8356  Identification of plan--negative declaration.

* * * * *
    (b) Letter from Western North Carolina Regional Air Quality Agency 
submitted on October 5, 2007, certifying that there are no Hospital/
Medical/Infectious Waste Incinerator units subject to 40 CFR part 60, 
subpart Ce in its jurisdiction.

0
7. Add a new undesignated center heading to subpart II and a new Sec.  
62.8357 to read as follows:

Air Emissions From Existing Large Municipal Waste Combustors (LMWC)--
Section 111(d)/129 Plan


Sec.  62.8357  Identification of plan--negative declaration.

    Letters from Forsyth County Environmental Affairs Department, 
Mecklenburg County Land Use and Environmental Services Agency, and 
Western North Carolina Regional Air Quality Agency submitted on 
February 17, 2010, August 19, 2009, and October 5, 2007, respectively, 
certifying that there are no Large Municipal Waste Combustor units 
subject to 40 CFR part 60, subpart Cb in their respective 
jurisdictions.


0
8. Add a new undesignated center heading to subpart II and a new Sec.  
62.8359 to read as follows:

Air Emissions From Existing Small Municipal Waste Combustors (SMWC)--
Section 111(d)/129 Plan


Sec.  62.8359  Identification of plan--negative declaration.

    Letters from Forsyth County Environmental Affairs Department, 
Mecklenburg County Land Use and Environmental Services Agency, and 
Western North Carolina Regional Air Quality Agency submitted on 
February 17, 2010, January 22, 2003, and October 5, 2007, respectively, 
certifying that there are no Small Municipal Waste Combustor units 
subject to 40 CFR part 60, subpart BBBB in their respective 
jurisdictions.


0
9. Add a new undesignated center heading to subpart II and a new Sec.  
62.8361 to read as follows:

Air Emissions From Existing Other Solid Waste Incinerators (OSWI)--
Section 111(d)/129 Plan


Sec.  62.8361  Identification of plan--negative declaration.

    Letters from Forsyth County Environmental Affairs Department, 
Mecklenburg County Land Use and Environmental Services Agency, and 
Western North Carolina Regional Air Quality Agency submitted on 
February 17, 2010, August 19, 2009, and October 5, 2007, respectively, 
certifying that there are no Other Solid Waste Incinerator units 
subject to 40 CFR part 60, subpart FFFF in their respective 
jurisdictions.

Subpart PP--South Carolina

0
10. Revise Sec.  62.10150 to read as follows:


Sec.  62.10150  Identification of plan--negative declaration.

    Letter from South Carolina Department of Health and Environmental 
Control submitted on July 8, 2010, certifying that there are no Large 
Municipal Waste Combustor units subject to 40 CFR part 60, subpart Cb 
in its jurisdiction.


0
11. Add a new undesignated center heading to subpart PP and a new Sec.  
62.10200 to read as follows:

[[Page 22825]]

Air Emissions From Existing Hospital/Medical/Infectious Waste 
Incinerators (HMIWI)--Section 111(d)/129 Plan


Sec.  62.10200  Identification of plan--negative declaration.

    Letter from South Carolina Department of Health and Environmental 
Control submitted on December 14, 2009, certifying that there are no 
Hospital/Medical/Infectious Waste Incinerator units subject to 40 CFR 
part 60, subpart Ce in its jurisdiction.

[FR Doc. 2011-9844 Filed 4-22-11; 8:45 am]
BILLING CODE 6560-50-P


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